Lawyers for three former Chadbourne partners are asking to dig into the personal email accounts of the firm leaders named in a $100 million gender discrimination lawsuit.

Share with Email

sending now...

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Kerrie CampbellPhoto by Diego M. Radzinschi/ALM, Sept. 1, 2016.

Attorneys representing three ex-partners of Chadbourne & Parke in a sex discrimination lawsuit against the now-defunct law firm are seeking to dig into the personal email accounts of the Chadbourne leaders named in the suit, as well as emails of certain former partners who allegedly had disagreements with Chadbourne’s management committee.

The dispute is the latest battle in a $100 million discrimination case brought by three former Chadbourne partners, Kerrie Campbell, Mary Yelenick and Jaroslawa Zelinsky Johnson. The ex-partners and Chadbourne, now part of Norton Rose Fulbright, have been ordered to conduct limited discovery to determine if the three deserve protection under employment laws, or if their former status as partners of the firm disqualifies them from bringing the suit.

In asking for information beyond office documents, plaintiffs attorney David Sanford of Sanford Heisler Sharp said in a letter filed in court Tuesday that the defense has taken the position that plaintiffs’ personal email should be searched, and the court should require the same of the individual defendants.

Sanford said personal emails discussing matters such as the firing or disciplining of partners and their decisions to withhold information from partners “are squarely discoverable.”

And in a discovery request suggesting discord in the partnership ranks, Sanford wants emails of three former partners who he says have information about “the management committee’s overarching control over Chadbourne and its partners.” Sanford said this includes the former head of Chadbourne’s Washington, D.C., office, who he said “had numerous disagreements” with the management committee about the amount of control it exercised in staffing Washington partners’ cases.

The two other former partners with relevant emails, Sanford said, include one who objected to the management committee’s “secrecy” and advocated transferring compensation power to a separate committee, as well as a former partner who repeatedly questioned the committee on its finances and operations. Sanford said the management committee apparently directed two of the three partners to leave.

“The emails will show in practice how little power ordinary partners had over the affairs of Chadbourne and even over their own status at the firm,” Sanford said.

But Chadbourne’s defense lawyer, Kathleen McKenna, a partner at Proskauer Rose, said Chadbourne has already agreed to search the emails of 25 people, a “time-consuming and costly” process, and to date, Chadbourne has processed 2.5 terabytes, or 2,500 gigabytes, of data.

Even if it were true that people other than plaintiffs disagreed with the management committee or viewed it as “secretive,” the personal views don’t impact the firm’s ability to “‘hire’ or ‘fire’” partners, McKenna said.

Addressing Sanford’s request to search personal email boxes, McKenna called it a “fishing expedition” and argued that none of the individual defendants used their personal email accounts for Chadbourne’s business.

Attorneys for Chadbourne and the ex-partners are scheduled to meet Thursday over discovery and possibly other issues. The plaintiffs have raised the possibility of adding a fourth named plaintiff to the suit, but have not named the lawyer.

U.S. Magistrate Judge Barbara Moses of the Southern District of New York has already resolved other thorny discovery disputes.

For instance, last month, the parties disagreed over whether documents Chadbourne had already produced disclosed which partners were compensated under individual guarantee or other individual arrangements and the total dollar amount of the profits actually distributed to each partner.

In an Oct. 25 order, Moses, after reviewing sealed discovery information about Chadbourne’s partner points and distribution of profits, appeared to be satisfied so far with Chadbourne’s production on the issue,

“The points list, as I read it, adequately reveals ‘the fact of’ individual arrangements across the partnership,” Moses said, adding at this stage of the case, “there is no need or warrant for discovery into the individual compensation packages of each of Chadbourne’s partners.”

Christine Simmons

Christine Simmons writes about the New York legal community and the business of law. Email her at csimmons@alm.com and find her on Twitter @chlsimmons

Recommended Stories

A trio of San Antonio plaintiff lawyers convinced a jury that the company was negligent for failing to secure Julie Mott’s body, awarding her parents mental anguish damages because they were never allowed to cremate her remains.

When it comes to data retention practices, most companies are stuck in limbo, balancing competing needs between providing easy access to data for business and regulatory purposes and safeguarding data against leakage and breaches.

"Look, the president is unhappy with CNN. We don't dispute that. But AT&T wants to turn that into a get out of jail free card," a U.S. Justice Department told a Washington judge Friday in court.

Featured Firms

Law Offices of Mark E. Salomone

2 Oliver St #608

Boston,
MA02109

857-444-6468

www.marksalomone.com

Gary Martin Hays & Associates
P.C.

235 Peachtree St NE #400

Atlanta,
GA30303

800-898-4297

www.garymartinhays.com

Smith & Hassler

225 N Loop W #525

Houston,
TX77008

(877) 777-1529

www.smithandhassler.com

Presented by BigVoodoo

More from ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.

Team Accounts

Our Team Account subscription service are for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both option are priced the same.

From Data to Decisions

Exclusive Depth and Reach.

Legal Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Legal Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.